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HomeMy WebLinkAbout465997 MICHAEL BAKER JR INC - PURCHASE ORDER - 9957149 (3)City of Fort Collins Date: 03/22/2011 Vendor: 465997 MICHAEL BAKER JR INC 165 S UNION BLVD SUITE 200 LAKEWOOD Colorado 80228 PURCHASE ORDER PO Number Page 9957149 1of2 This number must appear on all invoices, packing slips and labels. Ship To: TRANSPORTATION PLANNING & 281 NORTH COLLEGE FORT COLLLINS Colorado 80524 Delivery Date: 12/01/2009 Buyer: JOHN STEPHEN N ote: Line Description Quantity UOM Unit Price Extended Ordered Price 9 CHANGE ORDER 7 1 LOT EA 57,692.36 Total $57,692.36 U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax cacmpts s. By statute the City of Fon Call ins is exempt from stall, and local rasa. Our Exemption Number is 11. NON WAIVER. 98-6H502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered will, the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hcmof. failure or delay to Internal Revenue, Denver, Colorado (RCF. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by lam, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mecl specifications. either when shipped or due to defects of any of the mortalities or obligations of this purchase order and shall not be deemed a waiver crusty right of the damage in transit, may be retuned to you for credit and are not to be replaced esvcpt upon receipt of written purchaser to insist upon strict performance ferenf or any of its rights or remedies as to any such goods, regardless instructions fmm the City of Fan Collins. of when shipped, received or accepted. as to any prior err subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the scram I nspeetion. GOODS arc subject to the City of Fart Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However. it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overchargcs resulting fmm antitrust ACCEPTANCE is dependent upnn completion of all applicable requimd inspection proccdoms. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Parch lser any and Al claims it may now, have or hemmer Freight Tents. Shipments must be F.O.B., City of Pon Collins. 700 Woad St. Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services nlherwisc specified on Ibis order. If pertuission is given to prepay freight and charge Separately, the original freight purchased cr acquired by the Purchaser mums rn to this purchase order. bill must accompany, invoice. Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where monufaeturcrs have distributing points in various parts of the country. shipment is Ifthe Pumhaserdirects the Seller incorrect nonumfonning ordcfective goods byes date tcbcigmed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when purchaser and the Seller, and the Seller themaner indicates its inability err unwillingness to comply, the Purchiser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means as:ailnble to it and the Seller shall pay all costs associated with such work. Permits. Scllcr Shall practice at sellers sole cost all necessary permits. certificates mid licenses required by all applicable laws, regulations, ordinances and roles of the state. municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements, Aulhonernion. All parties to this contract agree that the representatives arc, in fact, Mna fide and possess fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order esprcssly limits acceptance to the occurs and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorpomted herein by reference. Any additional or different rcrrns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you wnnm make complete shipment to arrive an your promised delivery date as noted. Time is of the essence Delivery and perfomhance mast be effected within The time stared on the purchase order and the documents attached hereto. No cwb of the Parchasers including, wilhout limitation, acceptance of partial lam deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies the option ofplacing this order elsewhere and holding the Scllcr liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its me onzble control and without its fault of negligence. such acts of Gad. acts of civil or military autharitics, governmental prionries, fires, strikes, flood, epidemics, wan or riots provided chat mtiee of the conditions causing such delay is given to the Purchaser within Five (5) days of The time when the Seller first received knowledge thereof. In the event of any such delay, the dace of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that 111 goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and eompelenec in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless Form any lass. damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Scllcr shall replace. repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within Such longer period of time as may be prescribed by Inv or by the rams ofany applicable warranty provided by the Seller after the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver orally claim under this warranty. Except as mhcovisc provided in this purchase order. the Sellers liability hereunder- shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of pmfns or loss orate. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. J. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal Icons by written change order, S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the cants. other than legal terms, including additions to or deletions firms, the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. mmunam this agreement as to any or all potions of the ,nods then not shipped, subject to any equitable adjustment bctsscen the panics as to any work or materials Ilion in progress provided this the Purchaser shall not be liable for any claims for anticipated pro0ts on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such idjusnnent be node in favor of the Seller with mspem to nay good which are the Sellers standard stock. No such terminalion shall relieve the Purchaser or the Seller of any archaic obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. P. COMPLIANCE WITII LAW. The Scllcr wxmnts that all grad sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such dmiancrtts as may be required to effM or evidence compliance. All laws and regulations required to be incorporated in agreements of This character art hereby incorporated herein by this mference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Ncitha party shall assign, trarefer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. I O. TITLE. The Scllcr wmmnts full, clear and unrestricted title to the Purchaser for all equipment. materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release The Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfam once crouch work. This release shall apply even in the event of fault of negligence of the puny released and shall extend to the directors, officers and employees ofsuch party. The Scller's contractual obligations, including starra my, shall not be decreed to be reduced, in any wiry, becoISC such work is perrommed or caused to be performed by the Purchaser. Id. PATENTS. Whenever the Seller is required to use any design, device, material or prrrccss covered by letter, patent, trademark or copyright, the Seller shall indcnmify and save harriers the Purchaser Form any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, especial, or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion ofthe work. In case said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of ,said equipment or pan is enjoined, the Seller shall, at its man expense and at its option, either pmmrrc for the Purehascr the right to continue using said equipment or pans replace the same .with substantially equal but mainfringing equipment, or modify it so it becomes noninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or hankmpl, make an assignment for ill, benefcl of creditors, appoint a receiver or trustee for any of the Sellers progeny or business. this mdcr may forthwith be canceled by The Purchaser without liability. I6. GOVERNING LAW. The definitions oftemhs used or The inicrpmation of the agreement and the rights ofill panics hereunder shall be consorted under and governed by the Imes ofthe Slate ofColomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of ScHcc; RcIm scrudivc(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Sellers own risk unlit thesauri: is fully completed and accepted, and shall. in case of any accident, destruction or iniury to the work and/or materials before SCII&S final compaction and acceptance, complete the Mark at Sellers own expcnsc and to the satisfation of The Purchaser. When materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle Same at the site and became responsible therefor as though such materials and/or equipment were being furnished by the Seller under the enter. IR. INSURANCE. The Seller shall, at his own expense, provide for the payment of woken compensation, including occupational disease benefits, to its employees employed on or in conncclion wilh the work covered by this purchase order, and/or to their dependents in aecmdance wilh the laws of the state in which the work is to be done. The Seller shall also carry commschensive general liability including, but not fouled to, contractual and automobile public liability insurance with bodily injury and dcish limits of at ]cast S300.000 for any one person. 5500.000 for any one accident and property damage limit per accident of $400.000. The Scllcr shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his conncnrs employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a ecnifcam that such compensation and insurance have been provided. Such certificates shall specify the date when such enmpensation and insurance have been provided. Such certificates shall specify the date when such conmensisimr and insurance expires. The Sciler agrees that .such compensation and insurance shall be maintained until after The entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby al, times The entire responsibility and liability for any and all damagq loss or iniury ofany kind or nature whensoever To persons or property carted by or resulting front the execulinn ofthe work provided for in this purchase order or in conncclion herewith. The Seller will indcnmify and hold harmless the Purchaser and any or all of the Purchasers oRcers, agents and employees from and against any and all claims, losses. damages. charges or expenses, whether direct or indirccl, and whether to persons or property to which The Purchaser may be put or subject by reason of any act action, neglect, emission or default on the pan of the Seller. any of his connactnrs, or any of the Sellers or contmelom oRcers, agents or employees. In case any suit or other pmccedings shall be brought against the Purchaser, or it affects, agents or employees at any Time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agcn6 or employees as aforesaid. the Seller hereby agrees To assume The defense thereof and to defend the same at the Sellers own expense, to pay any and all coats, charges. attorneys Fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or Their affects. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panics in err as a result ofsuch Suits or other proceedings the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors Shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to softly including. bill without ]imitation, the Occupational Safety and Health Act of 1970 and ill mles and regulations issued Pursuant Therein. Revised 03/2010 Excluded Parties List System Page 1 of 1 Search - Current Exclusions EPL�Sear� Resources > Advanced Search > Multiple Names > Exact Name and SSMFIN > MyEPLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocurement Codes Agency & Acronym Information > Agency Contacts > Agency Descriptions > State/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Administration > Upload Login Search Results for Parties Excluded by Firm, Entity, or Vessel : Michael Baker JR inc State: COLORADO Country : UNITED STATES As of 22-Mar-2011 11:35 AM EDT Save to MyEPLS Your search returned no results. 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